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Settlement help

Posted by Jen A 
Settlement help
April 12, 2022 11:19AM

Just after some help please.

Split from husband of 8 years late last year. Still awaiting on decree nisi to come through.
He’s got a new house, me and kids living with my mum after selling the family home in February.

There is 100k equity from the house. We’d agreed on a 80/20 split as I earn 13.5k working 2 days part time, he earns 70k+. He has them 2 nights a week (my work days) and I have them 5.

Houses in our area for 3 beds are around 230k, I can get a mortgage for 120k and because of this, and given he already has a house I have asked for 100% from the equity. He seems to have agreed.

In terms of maintenance, the CMS website says 740 a month for 1-2 days but we’ve agreed on 1100 to cover other stuff like uniforms, school clubs etc. he has refused however to pay for swimming lessons this month which cost 280 for the term. I’m not happy about this. He’s off living his best life on night outs with his girlfriend, and spending loads on new clothes and a new car but can’t pay for his kids swimming lessons. I’ve paid out to take the kids on two weekends away and booked a holiday to Spain, as far as I’m aware he hasn’t booked anything.
…and refuses to pay for swimming

Edited 1 time(s). Last edit at 04/12/2022 11:20AM by Jen A.
Re: Settlement help
April 12, 2022 11:21AM
I think I should be due a little more than 1100 given his really good wages. 1100 is 1/4 of his wage per month.

My solicitor that did the house conveyancing hasn’t really said much on what I could get, she’s awaiting to hear back on all his finances and stuff before going further.

I think he’s got 30k in a pension pot, I’m awaiting a cash value of mine, but his will be much bigger so could I maybe get 80% of that too?

Thanks for the help

Re: Settlement help
April 12, 2022 05:34PM

Edited 2 time(s). Last edit at 04/12/2022 05:35PM by BarryAndrews.
Re: Settlement help
April 12, 2022 07:02PM
If you are going to receive 100% of the equity there is a very good argument to say you should get none of his pension. Even assuming that you had no pension and that his pension had been built up entirely while you were together your presumptive share would be one half. Since you do actually have a pension of your own your presumptive share is less than half his. With a capital transfer as low as this it is hardly worth incurring the charges likely to be incurred in splitting the pension which is a further argument for him retaining his pension. Your prospect of getting 80% of his pension is negligible.

A further question arises from the fact that you earn £13.5K for two days work a week whereas your husband presumably works a full week. He would I think be entitled to ask why you can't increase your earnings because it is your earning capacity that matters not what you may choose to earn.
Re: Settlement help
April 13, 2022 08:32AM
Ok, thanks David.

So maybe I can expect then that he'll fight for the pension.

I can't really work more days as its a 50mile round trip and once you factor in time travelled, cost of petrol, cost of before and after school clubs etc it hardly makes it worth while. Plus in the school holidays I'd be really stuck for child care.

On top of the 1100 could I maybe ask for spousal maintenance?

Re: Settlement help
April 13, 2022 11:22AM
You can ask for anything just as you can ask for 80% of his pension. Whether you get it depends very much upon your husband's attitude and, ultimately, whether you would be likely to get it from a court. Frankly I think if you ask for spousal maintenance you cannot also expect child maintenance of £1,100 a month which would then almost certainly be calculated on a strict CMS formula basis.
Re: Settlement help
April 16, 2022 11:02AM
Ok thanks David.

I will pose the questions to him.

He's suggested a clean break now based on 100% to me and 1100 a month to me, but no pension.

I'm not sure a clean break would work. what if my needs change in years to come, for example if I had to give up work if one of the kids became ill of some sort?
Re: Settlement help
April 16, 2022 11:44AM
Typical woman trying to rinse the guy dry
Re: Settlement help
April 16, 2022 12:36PM
>>I'm not sure a clean break would work. what if my needs change in years to come, for example if I had to give up work if one of the kids became ill of some sort?

You could as easily ask what would happen if your husband was involved in a serious road traffic accident or he developed a debilitating illness. 'What ifs' are endless and do not only affect one spouse. Very few countries have the sort of spousal maintenance regime which the UK has. They are not necessarily all wrong.
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